Grievance Arbitration Between State of Hawai'i Organization of Police Officers ex rel. Mejia v. Hawai'i County Police Department

61 P.3d 522, 101 Haw. 11
CourtHawaii Intermediate Court of Appeals
DecidedDecember 11, 2002
DocketNo. 23384
StatusPublished
Cited by2 cases

This text of 61 P.3d 522 (Grievance Arbitration Between State of Hawai'i Organization of Police Officers ex rel. Mejia v. Hawai'i County Police Department) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grievance Arbitration Between State of Hawai'i Organization of Police Officers ex rel. Mejia v. Hawai'i County Police Department, 61 P.3d 522, 101 Haw. 11 (hawapp 2002).

Opinion

Opinion of the Court by

LIM, J.

Appellant State of Hawai'i Organization of Police Officers (SHOPO), on behalf of police officer Andrea G. Mejia (Mejia), appeals the April 4, 2000 order of the circuit court of the third circuit, the Honorable Riki May Amano, judge presiding, that vacated a February 8, 2000 arbitration award in favor of SHOPO and against Appellee Hawai'i County Police Department (the Department), County of Hawai'i (the County). The Arbitrator held that she had arbitral jurisdiction over SHOPO’s collective bargaining grievance. SHOPO had grieved the County’s refusal to reallocate Mejia’s position to a higher job classification, claiming that the County’s refusal was “premised on bias, discriminatory, and unjust.”

In assuming arbitral jurisdiction over SHOPO’s grievance, the Arbitrator “exceeded [her] powers,” Hawai'i Revised Statutes (HRS) § 658-9(4) (1993), under the County-SHOPO collective bargaining agreement (the CBA). Moreover, public policy, as expressed in HRS § 89-9(d) (Supp.2001 (section effective until June 30, 2002)) and also embodied in HRS § 76-14 (1993 & Supp.2001 (section effective until June 30, 2002)), excludes classification issues from arbitration under the CBA. We therefore affirm the order of the court.

I. Background.

Mejia is a Police Officer II, PO-7, currently on a temporary reallocation of her job classification to Police Officer III, PO-9. She has over twenty yeai-s of exemplary service in the Department’s Hilo district. On March 15, 1993, Mejia was recruited for the Police Officer III, PO-9 position in the Juvenile Aid Section (JAS) of the Hilo district. On October 24, 1995, Mejia discovered that the two Police Officer III, PO-9 positions in the Kona district JAS, occupied by Donna Springer (Springer) and Gregorio Alejo (Alejo), had been reallocated to the Detective, PO-11 classification. The Kona JAS did not have any Detective positions before the reallocation. The key distinction between the Police Officer III and Detective positions is that a Police Officer III operates under the supervision of a detective. Between April 12, 1993 and January 26, 1996, Mejia operated without a directly supervising detective and performed duties in the Hilo JAS comparable to those of a detective.

On November 2, 1995, Mejia and SHOPO submitted a reallocation request to County Mayor Stephen K. Yamashiro. At the time of this reallocation request, three detectives were working in the Hilo JAS. On January 8, 1996, Lieutenant William Silva recommended to County Police Chief Wayne G. Carvalho (Chief Carvalho) that Mejia’s position in the Hilo JAS be reallocated to Detective, based on a comparison of her.duties with those of the Kona JAS Detective positions worked by Springer and Alejo.

On January 26, 1996, Mejia was placed under the direct supervision of Detective Rodney Aurelio (Detective Aurelio), as required in a Police Officer III position, and was no longer required to perform detective duties. On May 16, 1996, Chief Carvalho responded to the reallocation request by granting a temporary, retroactive reallocation of Mejia’s Hilo JAS position to Detective for the period Mejia had worked without a supervising detective, April 12, 1993 to January 26, 1996. Mejia’s request for a permanent reallocation of her position to Detective was denied, and effective January 27, 1996, her position was reallocated back to a temporary Police Officer III classification.

II." Procedural History.

A. Action Before the Civil Service Commission.

On June 3, 1996, Mejia and SHOPO submitted an appeal of Chief Carvalho’s decision [13]*13to the County’s civil service commission (the Commission), requesting that the denial of their permanent reallocation request be overturned. The appeal alleged that HRS § 76-13(8)(C) (Supp.2001 (section effective until June 30, 2002))1 had been violated. The appeal also cited HRS § 76-11((7)(C) (1993)).2 The appeal alleged that

[t]he [Department’s] rejection of the reallocation request has denied [Mejia] just recognition for being directed to perform work at a higher classification for several year’s as well as subjecting her to disparate treatment, from other police officers who were in similar situations and were granted reallocations.

The Commission characterized the issue on appeal before it as,

whether or not there were violations of civil service laws, rules, or regulations in [Chief Carvalho’s] denial of [Mejia’s] request for permanent reallocation from Police Officer (PO-7) to Detective Sargeant [ (sic) ] (PO-11) with the Hawai'i Police Department.

The Commission held hearings on August 20, 1996 and September 17, 1996. Mejia was represented at the hearings by a SHOPO official and SHOPO’s counsel, and the Commission received evidence, including the sworn testimony of six witnesses. The Commission made conclusions of law and denied the appeal on November 26, 1996. Relevant conclusions of law concluded as follows:

3.Pursuant to [HRS § 91-10(5) ], [Mejia] has the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof required in this appeal shall be by a preponderance of the evidence.
4. [Mejia] has failed to meet her burden of proof, including her burden of producing evidence as well as her burden of persuasion.
5. Although [Mejia] has an exemplary work record; her abilities are unquestioned; and her superior officers highly recommended her reallocation to a detective position, [the Department’s] decision to reallocate Springer and Alejo in the Kona-JAS and to not reallocate [Mejia] in the Hilo-JAS was a management decision based upon legitimate management considerations such as the availability and existence, or lack thereof, of detectives in each JAS.
6. Although [Mejia] has done and continues to do work substantially comparable to detective’s work, she has been under the supervision of [D]etective Aurelio since January 1996, which by definition puts her in the PO III position.
7. The reasons for the non-reallocation of [Mejia’s] position to the position at issue are thus sufficiently substantiated and [the Department’s] decision not to reallocate [Mejia’s] position was proper and did not violate any civil service law, rule or regulation.
8. [Mejia] declined to testify as to any particular details regarding her allegations of preferential treatment received by other officers. Moreover, [Mejia] testified that officers Springer and Alejo deserved their reallocations. Thus, the Commission concludes that there is insufficient evidence to support [Mejia’s] contention that there was any preferential treatment given to other officers by [the Department].

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61 P.3d 522, 101 Haw. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grievance-arbitration-between-state-of-hawaii-organization-of-police-hawapp-2002.